7-26-05, Passed Senate by Unanimous Consent
Referred to House

July 27, 2005

Referred to the Committee on Resources

To provide for the exchange of certain Federal land in the Santa Fe National Forest and certain non-Federal land in the Pecos National Historical Park in the State of New Mexico.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Pecos National Historical Park Land Exchange Act of 2005'.

SEC. 2. DEFINITIONS.

In this Act:

(1) FEDERAL LAND- The term `Federal land' means the approximately 160 acres of Federal land within the Santa Fe National Forest in the State, as depicted on the map.

(2) LANDOWNER- The term `landowner' means the 1 or more owners of the non-Federal land.

(3) MAP- The term `map' means the map entitled `Proposed Land Exchange for Pecos National Historical Park', numbered 430/80,054, dated November 19, 1999, and revised September 18, 2000.

(4) NON-FEDERAL LAND- The term `non-Federal land' means the approximately 154 acres of non-Federal land in the Park, as depicted on the map.

(5) PARK- The term `Park' means the Pecos National Historical Park in the State.

(6) SECRETARIES- The term `Secretaries' means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.

(7) STATE- The term `State' means the State of New Mexico.

SEC. 3. LAND EXCHANGE.

(a) In General- On conveyance by the landowner to the Secretary of the Interior of the non-Federal land, title to which is acceptable to the Secretary of the Interior--

(1) the Secretary of Agriculture shall, subject to the conditions of this Act, convey to the landowner the Federal land; and

(2) the Secretary of the Interior shall, subject to the conditions of this Act, grant to the landowner the easement described in subsection (b).

(b) Easement-

(1) IN GENERAL- The easement referred to in subsection (a)(2) is an easement (including an easement for service access) for water pipelines to 2 well sites located in the Park, as generally depicted on the map.

(2) ROUTE- The Secretary of the Interior, in consultation with the landowner, shall determine the appropriate route of the easement through the Park.

(3) TERMS AND CONDITIONS- The easement shall include such terms and conditions relating to the use of, and access to, the well sites and pipeline, as the Secretary of the Interior, in consultation with the landowner, determines to be appropriate.

(4) APPLICABLE LAW- The easement shall be established, operated, and maintained in compliance with applicable Federal law.

(c) Valuation, Appraisals, and Equalization-

(1) IN GENERAL- The value of the Federal land and non-Federal land--

(A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or

(B) if the value is not equal, shall be equalized in accordance with paragraph (3).

(2) APPRAISALS-

(A) IN GENERAL- The Federal land and non-Federal land shall be appraised by an independent appraiser selected by the Secretaries.

(B) REQUIREMENTS- An appraisal conducted under subparagraph (A) shall be conducted in accordance with--

(i) the Uniform Appraisal Standards for Federal Land Acquisition; and

(ii) the Uniform Standards of Professional Appraisal Practice.

(C) APPROVAL- The appraisals conducted under this paragraph shall be submitted to the Secretaries for approval.

(3) EQUALIZATION OF VALUES-

(A) IN GENERAL- If the values of the non-Federal land and the Federal land are not equal, the values may be equalized by--

(i) the Secretary of the Interior making a cash equalization payment to the landowner;

(ii) the landowner making a cash equalization payment to the Secretary of Agriculture; or

(iii) reducing the acreage of the non-Federal land or the Federal land, as appropriate.

(B) CASH EQUALIZATION PAYMENTS- Any amounts received by the Secretary of Agriculture as a cash equalization payment under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)) shall--

(i) be deposited in the fund established by Public Law 90-171 (commonly known as the `Sisk Act') (16 U.S.C. 484a); and

(ii) be available for expenditure, without further appropriation, for the acquisition of land and interests in land in the State.

(d) Costs- Before the completion of the exchange under this section, the Secretaries and the landowner shall enter into an agreement that allocates the costs of the exchange among the Secretaries and the landowner.

(e) Applicable Law- Except as otherwise provided in this Act, the exchange of land and interests in land under this Act shall be in accordance with--

(1) section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); and

(2) other applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(f) Additional Terms and Conditions- The Secretaries may require, in addition to any requirements under this Act, such terms and conditions relating to the exchange of Federal land and non-Federal land and the granting of easements under this Act as the Secretaries determine to be appropriate to protect the interests of the United States.

(g) Completion of the Exchange-

(1) IN GENERAL- The exchange of Federal land and non-Federal land shall be completed not later than 180 days after the later of--

(A) the date on which the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been met;

(B) the date on which the Secretary of the Interior approves the appraisals under subsection (c)(2)(C); or

(C) the date on which the Secretaries and the landowner agree on the costs of the exchange and any other terms and conditions of the exchange under this section.

(2) NOTICE- The Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives notice of the completion of the exchange of Federal land and non-Federal land under this Act.

SEC. 4. ADMINISTRATION.

(a) In General- The Secretary of the Interior shall administer the non-Federal land acquired under this Act in accordance with the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the `National Park Service Organic Act') (16 U.S.C. 1 et seq.).

(b) Maps-

(1) IN GENERAL- The map shall be on file and available for public inspection in the appropriate offices of the Secretaries.

(2) TRANSMITTAL OF REVISED MAP TO CONGRESS- Not later than 180 days after completion of the exchange, the Secretaries shall transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a revised map that depicts--

(A) the Federal land and non-Federal land exchanged under this Act; and

(B) the easement described in section 3(b).

Passed the Senate July 26, 2005.

Attest:

EMILY J. REYNOLDS,

Secretary.

END